- (1.) Leave granted.
(2.) These appeals by special leave arise out of an order dated 21st October 2010 passed by the High Court of Delhi whereby Writ Petition (Civil) No.5450 of 2005 filed by the appellant challenging his dismissal from the post of Assistant Wireless Operator has been dismissed. An order dated 18th February 2011 whereby the High Court dismissed Review Petition No.72/2011 filed by the appellant has also been assailed by the appellant.
(3.) The appellant was posted as an Assistant Wireless Operator at Patel Nagar Police Station, Delhi. A cabin was provided to him for that purpose. On the night intervening 28/29th July 2001 when Inspector Harjeet Singh went for checking the cabin used by the appellant he found the same locked from inside. The Inspector knocked at the door but got no response from within the cabin. He then knocked the door harder whereupon, the appellant shouted at him from inside saying, "KYA DARWAJE KO TOREGA BE" (Are you determined to break the door). When the door was eventually opened by the appellant, the Inspector found him wearing plain civilian clothes. He asked the appellant the reason for not being in proper uniform to which the appellant replied that he liked to dress like that only. The appellant also refused to give the log book to the Inspector when asked and snatched the same from him when the Inspector picked it up from the table. The appellant was, in the above circumstances, charged with misconduct. The charge read as under: "I, Inspr. Anil Dureja, DE Cell. Delhi charge you HC Jai Bhagwan, No. 1212/Commn. That while discharging operator Duty at Radio a Radio Station P.S. Patel Nagar on the intervening night 28/297.2001 from 2000 hrs. to 0800 hrs. Inspr. Harjeet Singh who was night checking officer, approached for checking at the door of wireless cabin at 0035 hrs, The cabin was found locked from inside. The Inspector knocked the door with little force, you HC Jai Bhagwan shouted from inside in a very undisciplined manner "kya darwaje ko torego be" you were also found in plain clothes and when asked the reasons for the same you replied that you would like this only. You also refused to give the log book when asked to do so snatched the log book from him which the later had picked up from the table. You made irrelevant transmission on District No at 0130 hrs which aggravated your misconduct. The above act of misbeaviour and misconduct on the part of you HC (AWO) Jai Bhagwan No. 1212/Comn. Renders you liable for punishment under Section 21 D.P. Act read with Delhi Police (Punishment and Appeal) Rules, 1980.";